Business Law
Business law encompasses all legal rules governing the commercial and economic activities of legal entities (companies, enterprises, etc.).
What services do we provide in the field of business law?
This area of law may be regarded as an intersection between civil law and commercial law, aiming to protect economic interests while ensuring a climate of legal certainty for the conduct of commercial activities.
Legal consultancy for the incorporation and structuring of commercial companies
An essential service is legal consultancy relating to the incorporation and appropriate structuring of a business. This includes:...read more Selecting the appropriate legal form (SRL, SA, SNC, SCS, etc.). Drafting and registration of the company’s constitutive documents. Obtaining the necessary licenses and authorizations. Assistance regarding the structure of the share capital and the liability of shareholders.
Drafting and negotiation of commercial contracts
The provision of legal services for the drafting and negotiation of commercial contracts is crucial to the success of a business. Such contracts may include: ...read more Sale and purchase agreements, supply agreements, and service agreements. Partnership and collaboration agreements. Leasing, franchise, or licensing agreements. Non-disclosure agreements (NDAs) and non-compete agreements. Distribution and commercial agency agreements. Employment contracts for employees or collaborators.
Legal consultancy in the fields of competition law and consumer protection
Services in this field help protect businesses against risks related to anti-competitive practices and non-compliance with consumer rights, including:...read more Legal consultancy on avoiding abuse of dominant position and anti-competitive practices. Assistance in mergers and acquisitions (M&A), including risk assessment and compliance with competition regulations. Assistance with compliance with consumer protection regulations, including the protection of consumer rights in commercial relationships.
Legal consultancy in employment law
In business, compliance with employment regulations is essential. Employment law services include:...read more Drafting and reviewing employment contracts, internal regulations, and human resources policies. Assistance in collective bargaining and the negotiation of employment contracts and labor agreements. Legal consultancy on employee protection, dismissals, labor disputes, and wage rights. Assessment of legal risks in employment-related litigation.
Consultancy and legal assistance in mergers and acquisitions (M&A)
Mergers and acquisitions are complex processes, and a lawyer specialized in this field can provide:...read more Assistance in analyzing merger or acquisition opportunities.
Review and drafting of the legal documentation required for M&A transactions.
Conducting due diligence (legal review of the acquired business).
Assistance in negotiating and completing M&A transactions.
Advisory services regarding the applicable legal and tax regulations.
Legal consultancy in the field of bankruptcy and insolvency
For businesses facing financial difficulties, business law provides consultancy services in bankruptcy and insolvency, including:...read more Assistance in insolvency proceedings, including the filing of insolvency petitions and the management of judicial procedures. Advisory services regarding judicial reorganization of the business or the sale of assets. Representation of creditors’ interests within insolvency proceedings. Assistance with personal bankruptcy procedures.
Arbitration and resolution of commercial disputes
In many situations, businesses may become involved in disputes. Lawyers specialized in business law provide:...read more Representation before courts of law in commercial litigation. Dispute resolution through arbitration and mediation, a faster and more flexible process than traditional court proceedings. Legal consultancy regarding arbitration and mediation clauses included in commercial contracts. Assistance in the enforcement of court judgments or arbitral awards.
Tax assistance and legal consultancy in the field of financial law
Another important service within business law is tax consultancy, including:...read more Advisory services on business tax optimization. Assistance in implementing efficient tax structures, including consultancy regarding VAT, corporate income tax, and other taxes. Representation before tax authorities for the clarification of disputes and the management of tax litigation. Advisory services regarding compliance with national and international tax legislation.
Compliance services and conformity with legal regulations
In an increasingly regulated business environment, companies must comply with local and international laws and regulations, including:...read more Implementation and management of compliance programs aimed at preventing economic crimes (e.g., anti-money laundering). Legal consultancy regarding compliance with personal data protection regulations (e.g., GDPR). Assistance in conducting internal audits and in implementing internal policies and procedures in line with applicable regulations.
Legal consultancy in international trade law
For businesses operating at an international level, the following services are provided:...read more Legal assistance regarding the import and export of goods. Consultancy on international regulations and customs duties. Support in negotiations for the conclusion of international commercial agreements.
Frequently asked questions about Business Law
Below are some of the most frequently asked questions we receive from our clients regarding financial and banking law. For any additional questions, please do not hesitate to contact us.
01
What types of commercial contracts are most commonly used in a business?
Among the most common commercial contracts are:
- Sale and purchase agreement: Transfers goods in exchange for a price.
- Supply agreement: Governs the delivery of goods or services.
- Service agreement: Relates to the provision of services.
- Leasing agreement: Allows the use of an asset without becoming its owner.
- Franchise agreements: Allow the exploitation of an existing trademark or business model.
02
What are the main legal forms of a business in Romania?
In Romania, the main legal forms for organizing a business are:
- Limited liability company (SRL): The liability of the shareholders is limited to their contribution to the share capital.
- Joint-stock company (SA): Intended for large businesses, with shareholders having limited liability.
- General partnership (SNC): The partners have unlimited and joint liability for the company’s debts.
- Limited partnership (SCS) and partnership limited by shares (SCA): Combine partners with limited liability and partners with unlimited liability.
03
What is ‘due diligence’ in the context of a merger or acquisition?
‘Due diligence’ is the process of conducting a detailed review of the target business in a merger or acquisition transaction. Its purpose is to assess the risks and benefits of the transaction, including financial, legal, tax, operational, and human resources analyses of the acquired company.
04
Which regulations apply to the protection of personal data in business?
In the European Union, the protection of personal data is regulated by the General Data Protection Regulation (GDPR). It imposes clear obligations on companies with regard to:
- The collection and processing of personal data.
- The rights of data subjects (the right of access, rectification, erasure).
- The implementation of security measures to protect personal data.
- The notification of authorities in the event of data breaches.
05
What are the main legal risks for a business and how can they be managed?
The main legal risks for a business include:
- Financial risks (fraud, tax evasion).
- Competition risks (anti-competitive practices, abuse of dominant position.
- Litigation risks (contractual disputes, intellectual property rights).
- Employee-related risks (labor disputes, infringement of employees’ rights).
Managing these risks requires the implementation of a compliance system, adherence to applicable legislation, and ongoing legal consultancy.
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